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Calcutta High Court

Eiilm Foundation And Ors vs Suresh Sachdev And Ors on 28 January, 2014

Author: Patherya

Bench: Patherya

 ORDER SHEET
                         CC NO.153 OF 2013
                     IN THE HIGH COURT AT CALCUTTA
                    SPECIAL JURISDICTION (CONTEMPT)
                              ORIGINAL SIDE


                         IN THE MATTER OF:
                        EIILM FOUNDATION AND ORS.
                                   -VS-
                        SURESH SACHDEV AND ORS.

    BEFORE:
    The Hon'ble JUSTICE PATHERYA
    Date : 28th January, 2014.

                          MR.TILAK BOSE,SR.ADVOCATE, MR.D.DATTA, MRS.V.BHATIA,
                          MR.GAHESH PRASAD SHAW, ADVOCATES FOR PETITIONERS
                          MR.S.N.MITRA,SR.ADVOCATE, MR.A.MUKHERJEE, MR.D.K.JAIN,
                                                    ADVOCATES FOR RESPONDENTS

The Court:-The contempt alleged is violation of order dated 5th August, 2013. The basis of such alleged contempt are certain e-mails circulated and advertisement published.

Counsel for the alleged contemnors-respondents submits that the e- mails have not been generated by any of the alleged contemnors- respondents or their representatives and/or assigns on behalf of Malvika Foundation. As regards the publication in newspapers, time is sought to place a draft corrigendum before the Court for approval so that the same can be published. Although on behalf of the alleged contemnors-respondents an enquiry is sought regarding the genuineness of the e-mails, the said step need not be taken at present except that no uncalled for remark be made against the Institute or Trustees or the visiting professors as the same will be detrimental to the interest of the Institute. For preservation of the interest 2 of the said Institute, let no steps prejudicial to its interest be taken by all the parties.

Matter to appear in the list on 6th February, 2014. Supplementary affidavit be kept on record. Affidavit of service filed be kept on records.

This, however, will not prevent the Commissioner of Police or person authorised by him to take steps as per the complaints lodged on 2nd January, 2014 and 27th January, 2014.

All parties concerned are to act on a signed photocopy of this order on the usual undertakings.

( PATHERYA, J.) nm A.R(C.R.)